MCA sues Mudavadi party over ejection

ANC leader Musalia Mudavadi. [File]

A ward representative has filed a lawsuit against the party that nominated her to the county assembly for suspending her.

Jackline Mwakha Okanya, who moved to court under a certificate of urgency, said her 30-day suspension did not follow due procedure and that she was targeted for her tireless efforts to champion a corruption-free assembly.

Ms Mwakha has sued Amani National Congress (ANC), party Secretary General Barrack Muluka and assembly Speaker Morris Buluma. She is seeking to have the suspension lifted to allow her continue serving as minority whip.

Chief Magistrate Bildad Ochieng’ certified the matter as urgent and barred the Speaker from suspending Mwakha before the petition is heard and determined.

Mr Ochieng’ further restrained ANC and Mr Muluka from issuing threats, intimidating or harassing Mwakha as she discharges her duties as an MCA and minority whip-elect.

Trouble started when 19 ANC ward reps met on March 15 and elected Mwakha as the chief whip of the minority party, removing Geoffrey Obonyo from the position.

Mwakha wrote a letter to Muluka and Buluma and attached minutes of the meeting that showed her fellow MCAs had agreed to the leadership change.

But Muluka wrote to the speaker and urged him to ignore the proposed leadership changes and maintain the status quo.

Party organs

He insisted that party leadership changes were only conducted in meetings involving top party organs and the secretariat.

In a second letter, Muluka told Buluma that Okanya had been suspended from the party in line with internal disciplinary measures.

In another letter signed by Muluka and copied to the Registrar of Political Parties and the speaker, Mwakha was informed that she had lost her nomination and that she should wait for further disciplinary action.

“It has been brought to our attention that you have not restrained from your chosen path of misconduct. You have attempted to get things done your way through use of violence and intimidation and deliberately undermined the aims and objectives of the party,” read the letter in part.

Mr Ochieng’ ordered Mwakha to serve the respondents with the suit papers pending hearing between all parties on April 5.